HC ask CS, Advisor UT of Leh to apprise about steps taken for appointment of legal counsels

21/11/2019

Srinagar, Nov 20: Justice Ali Mohammad Magrey directed Chief Secretary/ Advisor of the Union Territory Ladakh, to apprise the court about the steps taken for appointment of counsels who would be conducting the cases on behalf of Union Territory Ladakh before this court This significant order has been passed in a petition filed by Hasina Bano and others in which the relief claimed is essentially against respondents 4 and 5, Ladakh Autonomous Hill Development Council, Leh-Ladakh through its Chief Executive and Principal, Government Polytechnic College, Leh-Ladakh, Justice Magrey observed that at the time of filing of the writ petition, the respondents 4 and 5 were under the administrative control of the Commissioner-Secretary to Government, Technical Education Department. During the course of hearing the Government counsel, Mr Rais-ud-din Ganai, submits that he does not know as to what is the arrangement made for appearance of the counsels in respect of cases pertaining to the Union Territory Leh, on application of The Jammu and Kashmir Reorganization Act, 2019, for short Act. He submits that in terms of the scheme of the Act, all affairs of the Union Territory Ladakh are now regulated under the control of Lieutenant Governor with the aid and advice of the Advisor(s).
High Court further observed that in terms of Section 3 of the Act, the Union Territory of Ladakh has come into being and the "Kargil and Leh districts" of the said Union Territory cease to form part of the erstwhile State of Jammu and Kashmir. Section 4 of the Act deals with formation of Union Territory of Jammu and Kashmir with Legislature comprising the territories of the State of Jammu and Kashmir other than those specified in Section 3 of the Act. Therefore, Kargil and Leh districts of the Union Territory of Ladakh are not the part of Union Territory of Jammu and Kashmir.
The other aspect of the matter is that after the application of the Act, the High Court of Jammu and Kashmir is maintained as the 'common High Court' for the Union Territory of Jammu and Kashmir and Union Territory of Ladakh in terms of Section 75 of the Act.
Therefore, the cases pertaining to the Union Territory of Ladakh can be heard and adjudicated by this Court even on application of the Act, but the difficulty in adjudicating upon such cases is now the representation of the Union Territory Ladakh, as by now no appointment is made in this behalf as to how the cases pertaining to the Union Territory Ladakh would be conducted on behalf of the Government. Justice Ali Mohammad Magrey further observed that the difficulty noted above is faced by this court in number of cases, therefore, with a view that the said problem is addressed and the progress of the cases is not hampered further on this count, the Chief Secretary/ Advisor of the Union Territory Ladakh, shall apprise the court about the steps taken for appointment of counsels who would be conducting the cases on behalf of Union Territory Ladakh before this court.

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